Summit Bank Online Banking Terms and Conditions
Summit Bank (“Summit”) offers its customers (“Customers,” or individually a “Customer”) online access to Customer’s accounts and banking services provided by Summit (collectively, the “Online Banking Services”). When a Customer uses Summit’s Online Banking Service, Customer agrees to be bound by the terms and conditions set forth below (these “Terms”) and acknowledges its receipt and understanding of these Terms.
Summit may modify these Terms at any time. Customer will be notified of any such changes as required by applicable law by mail, e-mail, or message through the Online Banking Services. By using the Online Banking Services after a change becomes effective, Customer has agreed to that change.
- Access. Subject to these Terms, Summit will provide access to services and Customer accounts (the “Accounts”) selected by Customer. Customer may select additional services or Accounts or delete services or Accounts, but no such selection or deletion shall be binding upon Summit until Summit has received notice of Customer’s election to increase or delete services or Accounts, either in writing, verbally to the Relationship Officer, or through the Online Banking Services, and the Customer has executed any supplemental agreements governing those services or Accounts, as Summit may deem appropriate. Summit will have a reasonable time after receipt of such notice to implement the requested service or Account.
- Authorized Users. If Customer is a business entity, Customer must designate an individual or individuals to act as “Authorized Users” of Customer’s Online Banking Services account. Summit may continue to rely on Customer’s designation unless and until Summit has received and had reasonable time to act upon written notice from Customer that the Authorized User has changed or is no longer authorized to access Customer’s Online Banking Services account.
- Business Days. Banking business days are Monday through Friday, excluding Saturday, Sunday and federal holidays. Customer may access the Online Banking Services 24 hours a day, 7 days a week, except for interruptions due to maintenance or matters beyond Summit’s control. Any services requested by Customer through the Online Banking Services will be processed during Summit’s business hours.
- Email Communication. E-mail communications to Summit may be delayed. If Customer needs to contact Summit immediately concerning Customer’s Accounts or services, Customer must contact Summit in person or by telephone at 541-684-7500. Summit will have a reasonable time after receipt to act on requests or information sent by e-mail.
- Account Alert Service. Your enrollment in Summit Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Summit Bank account(s). Alerts are provided within the following categories:
Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Summit Bank Online Banking and Alerts menu within Summit Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Summit Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Summit Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 96924 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Summit Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 541-6847500. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Summit Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Summit Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Summit Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
- Login Credentials. Summit will provide Customer or each of its Authorized Users with a user name and password, which may be changed by Customer after initial login (“Login Credentials”). It is Customer’s responsibility to keep Login Credentials confidential. Customer will notify Summit immediately if Customer’s Login Credentials have been lost, stolen, or otherwise compromised. Summit has no responsibility to establish the identity of any individual using Customer’s Login Credentials. Summit employees will NOT contact Customer by e-mail or telephone to request Login Credentials. If Customer is contacted by anyone requesting this information, please contact Summit immediately at 541-684-7500.
- Instructions. In addition to the Login Credentials, Summit will provide Customer with instructions describing the proper use and security measures to be maintained in connection with the use of the Online Banking Services, which may include multi-factor authentication. These instructions may be amended from time to time by Summit, in its sole discretion, and Customer agrees immediately to comply with amended instructions upon receipt. Customer understands and acknowledges that the proper use of Online Banking Services and the information or transactions made available in connection with the use of those services are dependent upon exact and full compliance with the operating instructions provided by Summit. Summit will have no liability for Customer’s failure to comply completely with the instructions as amended from time to time.
- Customer’s Obligations. In addition to the other obligations set forth in these Terms, Customer will (a) comply with all instructions provided by Summit with respect to use of the Online Banking Services; (b) accurately input any data fields necessary to initiate, release, or cancel any transaction; and (c) notify Summit of any change in Authorized Users. Customer is solely responsible for the activities of its Authorized Users accessing the Online Banking Services.
- Data Protection. Summit will take reasonable precautions to protect the confidentially of Customer’s data. In addition to any security procedures specified in the instructions provided by Summit, Customer has the responsibility for implementing such additional security measures, as Customer may deem necessary or appropriate on its premises to safeguard and prohibit unauthorized access to the Online Banking Services.
- No Unlawful or Prohibited Use. As a condition of using the Online Banking Services, Customer warrants that it will not use the Online Banking Services for any purpose that is unlawful or prohibited by these Terms. Customer may not use the Online Banking Services in any manner that could damage, disable, overburden, or impair the Online Banking Services interfere with any other party’s use and enjoyment of the Online Banking Services. Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Online Banking Services.
- Confidentiality. Customer acknowledges that the use of the Online Banking Services may give Customer access to information and other material that is proprietary to Summit. Customer agrees to treat all such information coming into its possession as a result of the use of the Online Banking Services as confidential. Customer agrees not to disclose any such information to any person or entity except to its employees having a need to have access to the Online Banking Services in connection with Customer’s business. The obligation of confidentiality shall survive the termination of these Terms.
- Termination. Customer may terminate its Online Banking Services account at any time by notifying Summit in writing, or verbally to the Relationship Officer. Summit reserves the right to terminate these Terms and Customer’s Online Banking Services account with or without cause immediately upon providing written notice of such termination to Customer. Any termination of these Terms and Customer’s Online Banking Services account will not affect any of Customer’s obligations arising prior to such termination. Upon termination of these Terms and Customer’s Online Banking Services account, Customer will return to Summit all software, documentation, and other information provided by Summit relating to use of the Online Banking Services by Customer and shall have no further rights to use of such information.
- Correction of Errors. Summit will have the right to exercise its best efforts to complete or correct any data input by Customer that is incorrect or incomplete, so that it can be processed in compliance with the requirements of the Online Banking Services. However, Summit has no obligation to make any such corrections and no liability shall accrue to Summit as a result of exercising its best efforts to make such completions or corrections.
- Payment for Services. Customer will pay Summit for the services provided at the rates established by Summit, as may be amended from time to time by Summit at its discretion. In addition, Customer is responsible for payment of any sales, use, excise, or other similar tax relating to the Online Banking Services. Charges for these services do not include any charges or fees agreed to separately by Summit and Customer with respect to activity in the Accounts maintained by Customer.
- Force Majeure. All of Summit’s obligations and responsibilities hereunder, whether express or implied, will be suspended if required by any federal or state law, regulation or rule,
or the order of any court of competent jurisdiction, or to the extent Summit’s fulfillment of such obligations and responsibility becomes impossible or infeasible due to an Act of God, war, epidemic, strike, lockout, riot, weather conditions, equipment failure or malfunction, material shortage, electrical power disruption or shortage, communication failure or other condition or circumstance not wholly controlled by Summit.
- Warranty Disclaimer; Limitation of Liability. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUMMIT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM CUSTOMER’S USE OF THE ONLINE BANKING SERVICES. SUMMIT MAKES NO AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING CUSTOMER’S USE OF THE ONLINE BANKING SERVICES, INCLUDING ANY WARRANTY OF TITLE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUMMIT DISCLAIMS ANY WARRANTY REGARDING THE OPERATION, PERFORMANCE, OR FUNCTION OF THE ONLINE BANKING SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE. IN NO EVENT WILL SUMMIT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY COMPUTER SOFTWARE MALFUNCTION OR A MALFUNCTION IN ANY OF THE OTHER SYSTEMS USED TO PROVIDE THE ONLINE BANKING SERVICES; NOR SHALL IT, IN ANY INSTANCE, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY CUSTOMER IN CONNECTION WITH THE USE OF THE ONLINE BANKING SERVICES. Notwithstanding the above, in no event will Summit be liable for any amount exceeding the actual monetary loss suffered by Customer as a direct result of Customer’s use of the Online Banking Services.
- Indemnification. Except as otherwise agreed between Summit and Customer, Customer will indemnify Summit, its directors, officers, employees, and agents harmless from any and all loss, liability, claims, demands, judgments and expenses (including attorneys’ fees) arising out of, or in any way connected with, Customer’s or its Authorized Users’ use or misuse of the Online Banking Services.
- Applicable Law. This Agreement will governed by and interpreted in accordance with the laws of the State of Oregon, without regard to conflict of laws principles.
- Assignment. Customer may not assign or delegate these Terms or any obligations thereunder without Summit’s express written consent, which may be withheld in Summit’s sole discretion. Customer agrees that any attempted assignment will be void. Summit may assign these Terms, including its rights, interests, and obligations under these Terms, in whole or in part, or delegate any of Summit’s responsibilities under these Terms to any other person or entity without notice to or consent from Customer. These Terms will be binding upon and inure to the benefit of the parties hereto and their legal representatives, successors, and assigns.